Bauji Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3969 of 2023 ====================================================== Bauji Jha S/o Late Sukhdev Jha, resident of Village Betauna, P.S. - Benipatti, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Madhubani.

3.

The Sub Divisional Officer, Benipatti, District - Madhubani. 4.

The C.O. Benipatti, District - Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023 The present writ petition has been filed seeking the following relief:- "1 (I). For quashing the notice dated 24.01.2023 issued under the signature of Circle Officer, Benipatti by which the petitioner was directed to remove the encroachment by 8.02.2023 as well as notice contained in 82/XI dated 05.03.2021 by which the petitioner was directed to remove encroachment failing which same shall be removed forcibly by the administration over Khata No. 160 old/776 new, Plot No.

1103(Old)/3491 (New) situated in

Patna High Court CWJC No.3969 of 2023(2) dt.09-10-2023 2/2 Mauza-Betauna of Benipatti Block in the District-Madhubani without passing any final order under section 6 of the Act."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law, including that of filing a suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U